Geocaching May Be Outlawed In South Carolina House Bill H.3777
#1
Posted 18 March 2005 - 05:29 PM
The bill was introduced by Representatives Ceips, Loftis, Breeland, Scott, Whipper, Bowers, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin,
Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J.H. Neal, Perry, M.A. Pitts, Rivers, Scarborough, Simrill,
Toole and Umphlett.
http://www.scstatehouse.net/cgi-bin/query2...77&printornot=N
Please contact you representative and let him/her know that (as a registered voter) you do not support this legislation.
A bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-605. A. For the purposes of this section:
(1) 'Geocache' means the container that serves the purpose of providing a place to store small items or logbooks which are intentionally placed by their owners.
(2) 'Geocaching' means the activity of hiding a geocache container from public view for the challenge of participants using a global positioning system (GPS) device and internet published coordinates to locate the geocache.
(3) 'Letterboxing' means an activity similar to geocaching in which the participant takes directions and uses those directions to find a hidden object. The directions normally are in the form of a riddle, and the hidden object is a stamp that the participant uses to stamp a piece of paper to prove he has visited the site.
B. It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State, as defined in Section 60-12-10(4).
C. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
D. Notwithstanding the provisions of subsection ©, the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.
E. The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
#3
Posted 18 March 2005 - 05:36 PM
this could get serious. like if other states see them doing it they might do it. Geocaching could become the new "drug " (it is addicting just dont tell them that)
This post has been edited by Stony2008: 18 March 2005 - 05:47 PM
#4
Posted 18 March 2005 - 05:41 PM
wkhaz, on Mar 18 2005, 05:29 PM, said:
Not to be a smart a** but could CITO'ing be consitered your 100 hours of community service... while caching of course.
AndrewRJ
#5
Posted 18 March 2005 - 05:42 PM
This isn't much different from existing policies to keep people from setting up trample points on managed lands. The topic is misleading; this isn't banning geocaching in SC, its banning it on certain state owned/regulated properties.
This post has been edited by Mr. Snazz: 18 March 2005 - 05:44 PM
#6
Posted 18 March 2005 - 05:46 PM
#7
Posted 18 March 2005 - 05:48 PM
#8
Posted 18 March 2005 - 05:49 PM
This post has been edited by Stony2008: 18 March 2005 - 05:52 PM
#9
Posted 18 March 2005 - 05:55 PM
#10
Posted 18 March 2005 - 06:03 PM
# of fines
# of days spent in jail
#11
Posted 18 March 2005 - 06:10 PM
Quote
There are numerous caches that are in or go through a cemetery, those would be banned. I've got one in a county-owned park, but is an archaeological site--placed by permission--but would be banned under state law.
What's ironic is all but one of the caches that would be banned have specific authorization from the land stewards. The remaining one was adopted so I don't really know.
Disturbing, but not really surprising. This is South Carolina, after all.
This post has been edited by CoyoteRed: 18 March 2005 - 06:15 PM
#12
Posted 18 March 2005 - 06:12 PM
wkhaz, on Mar 18 2005, 05:29 PM, said:
So if you used a waterproof logbook without a container, you could hide one anywhere you wanted? I love loopholes .
This post has been edited by Camo-crazed: 18 March 2005 - 06:13 PM
#13
Posted 18 March 2005 - 06:14 PM
Quote
Quote
Im starting to read more carefully.
This post has been edited by Stony2008: 18 March 2005 - 06:21 PM
#14
Posted 18 March 2005 - 06:17 PM
the new law seemingly would follow SECTION 16-17-600 which, in part, concerns the "Destruction or desecration of human remains or repositories thereof..."
I believe the proposed law would include ALL cemeteries in SC (public or private). In addition, in SC, archeological sites are located on both public and private property.
The new law would be under:
Title 16 - Crimes and Offenses, Chapter 17 - OFFENSES AGAINST PUBLIC POLICY, Article 7 - MISCELLANEOUS OFFENSES.
This applies statewide, with other laws such as:
SECTION 16-17-410. Conspiracy
SECTION 16-17-450. Refusal to relinquish party telephone line for emergency call.
SECTION 16-17-470. Eavesdropping, peeping, voyeurism.
and...
SECTION 16-17-490. Contributing to delinquency of a minor.
#15
Posted 18 March 2005 - 06:21 PM
Stony2008, on Mar 18 2005, 06:14 PM, said:
Quote
Quote
Im starting to read more carefully.
However, I read carefully too. It says,
Quote
#17
Posted 18 March 2005 - 06:24 PM
Stony2008, on Mar 18 2005, 06:23 PM, said:
Nyah Nyah Nyah
#19
Posted 18 March 2005 - 06:53 PM
wkhaz, on Mar 18 2005, 10:17 PM, said:
Well, as I see it, these existing laws are kind of standing in the way of geocaching too:
Quote
We're all part of a subversive group sneaking around on public property, leaving notes to each other in hidden locations.
Quote
Maybe not exactly the same thing, but lets say I can't find the cache after crawling around in the thorns and slapping mosquitos in a swamp for an hour and a half. I use my cell phone to call a friend who found the cache last week, and while he's 'hinting' me in, my wife is suddenly trying to call me too. I love my wife, and she wouldn't call me unless it was important, but I'm NOT taking the call until the cache is in my hands.
Quote
No more planting nanocaches outside your office window so you can watch people crawl in the bushes at the edge your parking lot at lunch time.
Quote
C'mon, son - I know you're tired and hungry, and we've been searching under rocks in the desert all morning, but I'm sure it's here somewhere. Your teachers probably won't even notice that you're three hours late for school ...
#20
Posted 18 March 2005 - 07:01 PM
The thing that really concerns me is that most of the states have copycat legislatures. "If South Carolina wrote geocaching legislation, it must be something we have to address too".
#21
Posted 18 March 2005 - 07:10 PM
wkhaz, on Mar 18 2005, 05:29 PM, said:
The bill was introduced by Representatives Ceips, Loftis, Breeland, Scott, Whipper, Bowers, Hosey, Vaughn, Anthony, Battle, Chalk, Clyburn, Dantzler, Hardwick, Harvin,
Herbkersman, J. Hines, Howard, Jefferson, Kirsh, Lee, Martin, McCraw, Miller, Moody-Lawrence, J.H. Neal, Perry, M.A. Pitts, Rivers, Scarborough, Simrill,
Toole and Umphlett.
http://www.scstatehouse.net/cgi-bin/query2...77&printornot=N
Please contact you representative and let him/her know that (as a registered voter) you do not support this legislation.
A bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-605 SO AS TO DEFINE THE TERMS "GEOCACHE", "GEOCACHING", AND "LETTERBOXING", TO PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN GEOCACHING OR LETTERBOXING IN CEMETERIES, ARCHEOLOGICAL SITES, OR ON THE HISTORIC PROPERTIES OF THE STATE, AND TO PROVIDE A PENALTY.
SECTION 1. Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-605. A. For the purposes of this section:
(1) 'Geocache' means the container that serves the purpose of providing a place to store small items or logbooks which are intentionally placed by their owners.
(2) 'Geocaching' means the activity of hiding a geocache container from public view for the challenge of participants using a global positioning system (GPS) device and internet published coordinates to locate the geocache.
(3) 'Letterboxing' means an activity similar to geocaching in which the participant takes directions and uses those directions to find a hidden object. The directions normally are in the form of a riddle, and the hidden object is a stamp that the participant uses to stamp a piece of paper to prove he has visited the site.
B. It is unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State, as defined in Section 60-12-10(4).
C. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
D. Notwithstanding the provisions of subsection ©, the judge, in his discretion, may order a person convicted of a violation of this section to perform up to one hundred hours of community service.
E. The provisions of this section do not preclude a person from being charged with a violation of Section 16-17-600 in addition to a violation of this section."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Hysterics.
Come to think on it: "House bill H. 3777, if passed, will make it unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State."
I think that I actually support this idea.
This post has been edited by Team cotati697: 18 March 2005 - 07:13 PM
#22
Posted 18 March 2005 - 07:16 PM
Quote
Since historic sites are among my favorite places to both hide and find caches, I strongly disagree.
#24
Posted 18 March 2005 - 07:22 PM
Quote
see even the lawyers don't use GPSr!!!!!
#26
Posted 18 March 2005 - 07:57 PM
WRITE SHOP ROBERT, on Mar 18 2005, 07:55 PM, said:
heres a smiley you can use when you feel that way
http://community.the...ley/misc/bs.gif
#27
Posted 18 March 2005 - 08:23 PM
Cemetaries are not protected under these laws unless native americans are buried there, then they would be protected under the Native Graves and Re-Patranization Act. In any case I would stress that the placement of caches in or around any gravesite is not taken lightly and is usually done in honor.
I highly suspect that some archeologist or culteral resource person or group is behind this. Or more likely the State Historic Preservation Office (SHIPO). Every state has a SHIPO by federal law, if they are behind it I would argue that they are acting way outside thier bounds.
If you want to get to get some muscle behind the fight I would let the State tourism board know the potential financial impacts to the State if this legislation was passed. State tourism offices or boards seem to have a long history of fighting with SHIPO's, and at times even seem to enjoy it. At least it seems that way out West with the states I am familiar with.
There is a real danger in this to all of us. If the law gets passed the news will be published in professional journals and you could expect that similiar bills would appear in other states. I would not be willing to give them an inch.
#28
Posted 18 March 2005 - 09:25 PM
WRITE SHOP ROBERT, on Mar 18 2005, 07:55 PM, said:
Sorry, I shouldn't be so rude, I'm getting tired though of forum titles and news headlines that are misleading in order to get people to read the subject.
The title of this thread in no way acurately represents the proposed legislation
Could we please try to keep some truth in the titles of our threads?
#29
Posted 18 March 2005 - 11:13 PM
#30
Posted 18 March 2005 - 11:23 PM
WxGuesser, on Mar 18 2005, 08:22 PM, said:
Quote
see even the lawyers don't use GPSr!!!!!
Nope, they're using GPSd - I think the 'r' makes more sense.
Back on topic: Cachers in the area need to start a letter/e-mail writing campaign to fully explain the sport and why the restrictions are going too far.
#31
Posted 19 March 2005 - 05:40 AM
#32
Posted 19 March 2005 - 06:14 AM
Kealia, on Mar 18 2005, 06:03 PM, said:
# of fines
# of days spent in jail
#33
Posted 19 March 2005 - 06:16 AM
#34
Posted 19 March 2005 - 06:33 AM
CoyoteRed, on Mar 18 2005, 06:10 PM, said:
Quote
There are numerous caches that are in or go through a cemetery, those would be banned. I've got one in a county-owned park, but is an archaeological site--placed by permission--but would be banned under state law.
What's ironic is all but one of the caches that would be banned have specific authorization from the land stewards. The remaining one was adopted so I don't really know.
Disturbing, but not really surprising. This is South Carolina, after all.
And in a cruelly ironic twist, CR, none of this seems to prevent folks from bombing non-would-be-banned areas in SC with "what some consider lame" micros...you think?
-Dave R.
(edit: "what some consider..." qualification)
This post has been edited by drat19: 19 March 2005 - 06:34 AM
#37
Posted 19 March 2005 - 07:53 AM
sbell111, on Mar 19 2005, 09:16 AM, said:
We're on it.
One of the steering commitee members is someone who knows plenty about, and is involved with, the workings of government. He is going to make a few phone calls and see what's going on. He has some suspicions, but needs to confirm it first.
#38
Posted 19 March 2005 - 07:58 AM
Gretch_Mess, on Mar 19 2005, 10:43 AM, said:
"Red state" has nothing to do with it, but I will keep folks informed. Probably won't know anything until sometime late into next week.
#39
Posted 19 March 2005 - 08:15 AM
Gretch_Mess, on Mar 19 2005, 07:43 AM, said:
That sort of slam is inappropriate and hurtful.
#40
Posted 19 March 2005 - 08:45 AM
sbell111, on Mar 19 2005, 06:39 AM, said:
Perhaps, but as you know, I've been one of CR's biggest supporters around here re the subject of the proliferation of "what some consider lame" micros. So, although my post wasn't intended to be "mean" (and yes, I saw the smilie you included as well), the cruel irony was, in fact, just that.
-Dave R.
#41
Posted 19 March 2005 - 09:32 AM
#42
Posted 19 March 2005 - 10:18 AM
Hucklebuck, on Mar 19 2005, 09:32 AM, said:
Actually, the legislation, if passed as currently worded, would not ban any virts.
#43
Posted 19 March 2005 - 03:26 PM
briansnat, on Mar 18 2005, 07:16 PM, said:
Quote
Since historic sites are among my favorite places to both hide and find caches, I strongly disagree.
"House bill H. 3777, if passed, will make it unlawful for a person to engage in the activity of geocaching or letterboxing in a cemetery, archeological sites, or on the historic properties of the State."
Well we sure as heckfire don't want the people of the Great State of South Carolina or any other state for that matter to interfere with your self-interest by preventing people from tromping over their cemeteries, archeological and historic properties. No we just can't tolerate that. Oh how I wish that I were a tax payer in the Great State of South Carolina.
#44
Posted 19 March 2005 - 03:27 PM
Beowulf83, on Mar 19 2005, 05:40 AM, said:
The bill said:
SC State Code said:
The existing law referenced takes some of that discretion away. That'll leave most of the state parks out of this bill.
Looking forward to the update from the local group.
#45
Posted 19 March 2005 - 04:02 PM
wkhaz, on Mar 18 2005, 05:29 PM, said:
Ooh ooh! what if I don't need a GPS??
Couldn't resist putting in my $0.02 (USD)!!
Happy Caching
Jeff
#46
Posted 19 March 2005 - 04:36 PM
uber_bike_geek, on Mar 19 2005, 04:02 PM, said:
wkhaz, on Mar 18 2005, 05:29 PM, said:
Ooh ooh! what if I don't need a GPS??
Couldn't resist putting in my $0.02 (USD)!!
Happy Caching
Jeff
Dear Happy Cacher:
I think that it is safe to say that just as soon as the numbers of 'compass cachers' approaches that of GPSr cachers that the good people of the Great State of South Carolina will take whatever actions that they deem to be in the best interest of the citizens therein.
#47
Posted 19 March 2005 - 05:12 PM
Quote
Quote
Ooh ooh! what if I don't need a GPS?? laugh.gif Does it still count as geocaching if I'm using a compass?? tongue.gif
Couldn't resist putting in my $0.02 (USD)!!
Quote
Quote
Actually, the legislation, if passed as currently worded, would not ban any virts.
Quote
Quote
So if you used a waterproof logbook without a container, you could hide one anywhere you wanted?
This new law has more loopholes than swiss cheese
#48
Posted 19 March 2005 - 05:56 PM
Camo-crazed, on Mar 19 2005, 05:12 PM, said:
Quote
Quote
Ooh ooh! what if I don't need a GPS?? laugh.gif Does it still count as geocaching if I'm using a compass?? tongue.gif
Couldn't resist putting in my $0.02 (USD)!!
Quote
Quote
Actually, the legislation, if passed as currently worded, would not ban any virts.
Quote
Quote
So if you used a waterproof logbook without a container, you could hide one anywhere you wanted?
This new law has more loopholes than swiss cheese
I wonder why they didn't ban virtuals? So, are you volunteering to be the first to tell the "swiss cheese" story to the park ranger who walks up and tells you "Sir, you may not know this, but what you are doing is illegal in the Great State of South Carolina"? Are you volunteering for this important freedom to cache assignment? Oh to be a beetle on the trunk of a nearby tree. If they only made insect sized video cameras. LOL
This post has been edited by Team cotati697: 19 March 2005 - 06:47 PM
#49
Posted 19 March 2005 - 06:39 PM
Camo-crazed, on Mar 19 2005, 05:12 PM, said:
Quote
Quote
So if you used a waterproof logbook without a container, you could hide one anywhere you wanted?
This new law has more loopholes than swiss cheese
I have you burst your loophole excitement. At our last meeting, the local reviewer said that GC is cracking down on caches... Now they pretty much have to be log book AND container.
On the other hand, since you won't legally be able to place a real cache there, they might be loser on the virt thing.
#50
Posted 19 March 2005 - 06:56 PM

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